Peschongs v. Mueller
Supreme Court of Iowa
Appeal from Dubuque Circuit Cou/rt. Action to recover the value of the part of a partition fence allotted by the township trustees to defendant, to build and keep in repair, which he failed to build, and which was constructed by plaintiff. The fence divided the lands of the parties to the suit.
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Appeal from Dubuque Circuit Cou/rt. Action to recover the value of the part of a partition fence allotted by the township trustees to defendant, to build and keep in repair, which he failed to build, and which was constructed by plaintiff. The fence divided the lands of the parties to the suit. The answer admits the action of the trustees in regard to the fence, and that defendant had notice thereof, but avers that defendant was required thereby to build the fence, not on the division line, but wholly upon his own land, and that plaintiff built the fence on defendant’s land and not on the…
1Opinion of the CourtBeoic, J.
i, mareas: ai. vision lines: damages. I. There was a dispute between the parties involving the division line of their lands when the fence was built, A survey had been made by one Koob — not the _ county surveyor — and the line was located by him upon what defendant claimed to be his land. Thereupon the township trustees required defendant to build the partition fence upon the division line as established by Koob. Defendant refused compliance, and the plaintiff built the fence upon that line and brought this action to recover for building the part of the fence allotted to defendant.
The court…
2Cases cited1 opinion
- Bills v. BelknapSupreme Court of Iowa · 1874
3Cited by1 opinion
- Anderson v. CoxSupreme Court of Iowa · 1880